RAINEY v. DEPARTMENT OF REVENUE

No. DD-102.

354 So.2d 387 (1977)

D.I. RAINEY, Jr., et al., Petitioners, v. DEPARTMENT OF REVENUE, Respondent.

District Court of Appeal of Florida, First District.

Rehearing Denied November 21, 1977.


Attorney(s) appearing for the Case

Edgar M. Moore of Smith & Moore, Tallahassee, for petitioners.

Robert L. Shevin, Atty. Gen., and Joseph C. Mellichamp, III, Asst. Atty. Gen., for respondent.


RAWLS, Judge.

Petitioners, D.I. Rainey, Jr., et al., having been aggrieved by final agency action, seek review of the order of respondent, Department of Revenue, assessing documentary stamp taxes and penalty. The primary issue, as framed by the hearing officer, is: Whether the transaction evidenced by the written instrument is taxable under the provisions of Sections 201.01 and 201.08, Florida Statutes?

On February 28, 1974, petitioners, with the exception...

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